JOHANNESBURG - Public Interest SA has raised concerns over the possible abuse of prosecutorial powers in the case involving National Police Commissioner Fannie Masemola, who faces four counts of contravening the Public Finance Management Act.
Masemola’s charges stem from his alleged failure to act within his duties as a SAPS accounting officer in the awarding of a controversial R360-million health services tender to Medicare24 Tshwane District.
This is an entity registered with alleged criminal kingpin Vusimuzi Cat Matlala.
According to NPA’S Investigating Directorate Against Corruption (IDAC), there were allegedly several irregularities during the awarding of the tender and collusion by some members of the police’s Bid Evaluation Committee (BEC) and Matlala.
It also revealed that Medicare24 did not have adequate facilities, equipment, and staff to make good on the tender, which was budgeted for.
Now Masemola is expected to appear in the dock with tender corruption accused Matlala and 12 other co-accused on Monday.
READ | Masemola to join 'Cat' Matlala, others in dock in May
Public Interest SA's Tebogo Khaas said they support accountability and maintain that no one is above the law, not even Masemola.
However, he cannot turn a blind eye to what he believes could be a possible abuse of prosecutorial powers.
“There is some element of concern, given what we now know, that the charges that he faces (relate to the) PFMA. Those are charges that would ordinarily invite administrative penalty, including a fine.”
“Yet here we are having someone placed alongside people accused of corruption and fraud, the Cat Matlala’s of the world. Is this the kind of optics that would perhaps please those who are charging him?”
Asked if it was premature to critise the state's decision, Khaas disagreed, saying to date, the country is only aware of PFMA charges, and should there be any other charges, they must be disclosed to the public.
“They must say there are additional charges that they are investigating, which they will pile on him once he is listed, hence the reason why he must join the others.
"But if it is indeed the PFMA charges that he is faced with, there could be an expedited trial.
Khaas flagged that bringing the accused together to undergo one proceeding risks delaying the matter.
“We are not saying make a special dispensation for him, we are saying surely there should be some discernment, especially given the role he plays in fighting this very same crime," he said.